Tagged: Maldives authoritarian reversal

Coni & the Coup: II. Law as an instrument of political power

by Azra Naseem

Using the law as an instrument of political power is not a new thing for governments, be they ‘established democracies’ or not.  A prime example is how the Bush administration (ab)used the United States Constitution to circumvent international law on acts of war, to justify Guantanamo Bay, torture, extraordinary rendition and to deny justice and human rights to suspected terrorists in the War on Terror.

The government of Dr Waheed—which, incidentally, is enjoying the full backing of the current US administration—too, has proven itself to be a dab hand at (ab)using the law as an instrument of political power. The CoNI Report, which found there was no coup, mutiny or duress involved in the transfer of power on 7 February 2012, is a case in point.

The first part of this series looked at how CoNI approached the investigation with a foregone conclusion: there was no coup. As discussed, CoNI then began a process of putting together all evidence that supported this conclusion while systematically excluding, or discarding as irrelevant, any evidence that refuted or cast doubt over the said predetermined conclusion.

CoNI approached laws relating to the transfer of power on 7 February in the same manner as it did the facts surrounding it. Laws were picked and chosen as applicable only if they supported CoNI’s foregone conclusion: the change of government was Constitutional. Any part of the Constitution or existing laws that could be applied to refute the said conclusion or challenge its validity were ignored, glossed-over, deliberately misquoted, or dismissed as mere ‘protocol’.

Take, for instance, the following statement:

With regard to the idea that there was a ‘coup d’état’, nothing in the Maldives changed in constitutional terms – indeed, the Constitution was precisely followed as prescribed.

Yes, the Constitution remains unchanged. But that does not automatically mean that the transfer of power ‘precisely followed’ the Constitution ‘as prescribed’. This is a conclusion that can only be deemed legal by abusing law and making a mockery of the principles of the rule of law.

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Dr Who? Know thy President

by Azra Naseem

Until Dr Mohamed Waheed Hassan Manik took oath of office as President of the Maldives on 7 February, most people did not know much about him, and even more could not care less.

The generally shared impression of Waheed was that he is an educated man who drily stuck to policy, the ex-UNICEF man with a PhD from Stanford. As Vice President he was delegated drugs and environment as focus topics, both issues of great national concern. He seemed to keep well out of the political intrigue and chaos that surrounded him; and, unlike most Members of Parliament and the increasing band of petty politicians, largely managed to stay out of newspaper gossip, and the extremely productive Maldivian grapevine.

He has friends in high places, even if of dubious credentials, like the vacillating British tycoon Sir Richard Branson who first criticised Waheed then admired him then suggested a middle-ground; and the mysterious ‘Malaysian consultant’, Dr Ananda Kumarasiri. Kumarasiri is a best-selling Buddhist author who, when he arrived in Male’ shortly after 7 February, was described as ‘a passing friend.’ But he was allowed to interrupt Waheed during an official press conference, and to speak for him in Sri Lanka.

Abroad, the general impression Waheed seems to have left is that of an affable, likeable man. Even when disagreeing with him, Waheed’s foreign acquaintances make a point of saying they like him.

Branson said, for instance:

It was a real pleasure meeting you and your delightful wife when I was last in the Maldives…

From knowing you, I would assume that you were given no choice and that it was through threats that you have ended up in this position.

And Mike Mason, Nasheed’s Energy Advisor, said this:

 I don’t think Dr Waheed is a bad man – actually I like him a lot personally.

Perhaps these men see a side of Waheed that the general Maldivian public do not. Certainly, his interactions with the foreign press are rather jovial and quite the opposite of the dull occasions they are back home.

 

 

Truth is, the general Maldivian public did not quite know who Dr Waheed was, and nobody really cared. But, now that he has put himself in the Presidential limelight, it is becoming increasingly clear that there is substantial discord between the image people had constructed of Waheed  and the details of his personality emerging since he assumed office on 7 February.

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